Defective Products and Product Liability

If you or someone you know has been injured by a defective product you may have claim against the manufacturer or the designer of the product or the retailer, wholesaler or distributor of the product. The consumer or buyer of the product is not the only one who has a claim for injuries caused by a defective product.

An end-user or someone borrowing a neighbor’s tool may also have a claim even if they did not purchase the product themselves. Additionally, an innocent bystander who had nothing to do with the purchase or use of the product may have a claim.

Bad Faith Insurance/Failure to Settle or Pay Insurance/Insurance Denial

The insurance industry has come under increasing scrutiny over the last decade. Lawmakers, legislatures, judges and the courts are realizing that insurance companies are operating more and more like businesses that are only interested in bottom-dollar. This bottom-dollar-thinking often leads to the insurance company putting their interests above their insured’s interest or the injured’s interests. More and more insurance companies are actively engaging in practices that seek to maximize profits at the expense of their policyholders or the injured party.

Coordination of Benefits: The Relationship Between PIP, MedPay, MassHealth, Medicaid, Medicare and ERISA Health Plans

Understanding your rights and insurance coverage benefits is not always easy and oftentimes, insurance companies make pursuing your rights harder than it has to be. The information below explains how different types of medical insurance coverage benefits that accident victims in Massachusetts may be entitled to receive.

Dram Shop Liability

In Massachusetts law, a “dram shop” is any establishment that sells alcoholic beverages—a broad category that includes bars, restaurants, sports arenas, social clubs and liquor stores. The liability at issue here is when the bar, restaurant, nightclub, etc. continues serving alcoholic beverages to an already clearly inebriated customer, who then goes on to be involved in a drunk-driving accident or a brawl inside or outside the establishment resulting in injury. (Of course, restaurants and bars can incur other types of liability common to retail establishments, such as slips and falls, but these have nothing to do with the consumption or serving of alcohol.)

Liquor Liability Laws In Massachusetts

Massachusetts Liquor Liability or Dram Shop Laws don’t just apply to situations involving drunk driving accidents. Dram Shop establishments (any business that serves alcohol) may also be held liable if they over-serve a patron and that patron commits an assault and battery or other violent crime on another patron. In these situations recovery can be sought against both the intoxicated person that caused the injuries and the business establishment that over-served the intoxicated person.